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HomeMy WebLinkAbout2015-11-12 Planning & Zoning Packet - Joint Work Session with Airport CommissionAGENDA - JOINT WORK SESSION NOVEMBER 12, 2015 - 6:00 P.M. ** AIRPORT COMMISSION PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVENUE, KENAI, AK 99611 1.Call to Order (Airport Commission Chair) 2.Purpose of Meeting (Airport Commission Chair) 3.Discuss and Review proposed draft amendments to Chapter 14.20 – Kenai Zoning Code, relating to Enacting Chapter 14.20.065 – Airport Light Industrial (ALI), Amending Chapter 14.20.070 – Conservation Zone (C) to remove Airport Uses, Amending Chapter 14.22.010 – Land Use Table to Add Airport Light Industrial Uses and make other Housekeeping changes, and Rezoning of Airport Lands from Conservation Zone (C) and Light Industrial (IL) to Airport Light Industrial Zone (ALI). (City Planner) 4.Schedule Subsequent Work Sessions (a) Airport Commission (b) Planning & Zoning Commission (c) Joint Airport – Planning & Zoning Commissions 5.Public Comment (Public comment limited to 3 minutes per individual) 6.Adjournment ** The Work Session may continue after the regularly scheduled meeting at the discretion of the Airport Commission and the Planning and Zoning Commission. [PAGE LEFT BLANK INTENTIONALLY] Page 2 of 28 AN ORD KENAI M (ALI) L MUNICIP AIRPORT USE TAB OTHER CONSER INDUST WHERE and, WHERE Airport regulatin NOW, T ALASKA Section Section Municip enacted 14.20.0 (a) Inte Airp land prop are effec effec zone avia (b) Prin Use Ne DINANCE O MUNICIPAL LANDS CR PAL CODE T USES AN BLE, TO AD HOUSEKE RVATION TRIAL ZONE EAS, Airport EAS, it is in Hazards a ng the plac THEREFOR A, that n 1. Form n 2. Enac pal Code, C as follows: 065 Airport ent: The AL port as a s d uses, de perty of the usually co cts upon s cts upon su e because ation-relate ncipal Perm Table. ew Text Un OF THE CO L CODE CH REATING E CHAPTER ND AMENDI DD THE AI EEPING CH ZONE (C) E (ALI) ts can have n the best and to pro cement and E, BE IT O m: That this tment of K Chapter 14 : t Light Ind LI Zone is e significant ensities an e public an mpatible w urround pr urrounding it is intend d commerc mitted Uses nderlined; [D CITY ORDINAN OUNCIL O HAPTER 14 STANDARD R 14.20.07 ING KENAI IRPORT LIG HANGES, A AND LIG e a widespr interest of omote the d operation ORDAINED is a code o Kenai Mun 4.20.065 – dustrial Zo established resource t nd reducing nd aviation with aviation roperty, or g property. ded that lo cial and ind : Necessary DELETED T Y OF KENA NCE NO. *- OF THE CIT 4.20.065 – A DS FOR 70 – CONS MUNICIPAL GHT INDUS AND REZO GHT INDU read impact f the City o health, sa of airports D BY THE C ordinance. nicipal Cod Airport Lig ne (ALI) d to protect to the com g hazards users. Ind n users are r which ma New resid ots classifie dustrial use y Aviation F TEXT BRAC Spo AI -2015 TY OF KEN AIRPORT L AIRPORT SERVATION L CODE CH STRIAL ZON ONING OF USTRIAL (I t on surrou of Kenai to afety and w within City COUNCIL O de Chapter ght Industr t the viabili mmunity by that may dustrial an e permitted ay be contr dential uses ed in the A es. Facilities an CKETED] onsored by: NAI, ALASK LIGHT INDU USES, A N ZONE (C HAPTER 14 NE (ALI) US AIRPORT IL) TO AI unds areas o protect it welfare of y limits; an OF THE C r 14.20.06 rial Zone ( ity of the K y encourag endanger d Commerc d which ha rolled to pr s are not pe ALI Zone a nd as allow KA, ENACT USTRIAL Z AMEND KE C) TO REM .22.010 – L SES AND M LANDS FR IRPORT LI and land-u ts citizens its citizen nd, ITY OF KE 65: That K (ALI), is he Kenai Muni ging compa the lives cial uses w ave no nuis revent nuis ermitted in are reserved wed in the L TING ZONE ENAI MOVE LAND MAKE ROM IGHT uses; from s by ENAI, Kenai ereby cipal atible and which ance ance n this d for Land Page 3 of 28 New Text Underlined; [DELETED TEXT BRACKETED] (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter and Kenai Municipal Code Section 14.20.150 (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Not Permitted. (f) Development Requirements: (1) No use shall be conducted in a manner which is noxious or injurious to nearby properties by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substances or conditions, provided that the restriction against noise shall not apply to uses located within two thousand (2,000) feet of the airfield landing strip; (2) Open Storage. No open storage shall be located closer than twenty-five feet (25′) to the adjoining right-of-way of any collector street or main thoroughfare. Any open storage visible from a collector street or main thoroughfare shall be enclosed with an eight-foot (8′) high fence of good appearance acceptable to the Commission; (3) Residential Buffer. Wherever an industrial zone abuts or is separated by an alley from a residential zone, the use or building in the ALI Zone shall be screened by a sight-obscuring fence or hedge; (4) No use shall be made of any land that will cause electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft. (5) No use, building or structure shall emit emissions of fly ash, dust, vapor, gases or other forms of emissions that may conflict with any planned operations of the airport. (6) No use shall be permitted that would foster an increase in bird population and thereby increase the likelihood of a bird-impact problem. (7) No structure, device or other object shall be placed or erected that makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airports, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft. (8) Except as necessary and incidental to airport operations, no building, structure or object of natural growth shall be constructed, altered, maintained, or allowed to grow so as to project or otherwise penetrate the airspace surfaces. Page 4 of 28 New Text Underlined; [DELETED TEXT BRACKETED] (9) Other uses or activities determined to be incompatible with aviation and aviation safety as determined by the City Manager or designee, Airport Manager or designee, or Airport Commission, or City Council shall be prohibited. (10) Additional Requirements in Development Requirements Table. (g) Parking Requirements: As required by this chapter and Chapter 21.05 – Airport Administration and Operation. Section 3. Amendment of Chapter 14.20 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.20.070 – Conservation Zone (C Zone), is hereby amended as follows: (a) Intent: The C-Zone is intended to apply to areas which should be preserved primarily as open areas and as watersheds and wildlife reserves. [AIRPORT AND RELATED USES HAVE BEEN INCLUDED IN THIS ZONE TO ALLOW FOR THE RESERVATION OF AIRCRAFT APPROACH ZONES.] It is intended that this zone shall apply mainly to publicly owned land. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definition section). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. 14.20.320 Definitions. (a) General Interpretation. (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word “person” includes a corporation as well as an individual. (4) The word “lot” includes the word “plot” or parcel.” (5) The term “shall” is always mandatory. Page 5 of 28 New Text Underlined; [DELETED TEXT BRACKETED] (6) The word “used” or “occupied” as applied to any land or building shall be constructed to include the words “intended,” “arranged” or “designed to be used or occupied.” (b) Specific Definitions. “Accessory [b]Building” means a detached building or structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main building or to the main use of the land which is located on the same lot as the main building or use, except as allowed by a conditional use permit. An accessory building shall be considered to be a part of main building when joined to the main building by a common wall or when any accessory building and the main building are connected by a breezeway. “Accessory [u]Use” means a use customarily incidental and subordinate to the principal use of the land, building, or structure and located on the same lot or parcel of land. “Administrative [o]Official” means the person charged with the administration and enforcement of this chapter. “Agricultural [b]Building” means a building or structure used to shelter farm implements, hay, grain, poultry, livestock, or other farm produce, in which there is no human habitation and which is not used by the public. “Agriculture” means the science, art, and business of cultivating soil, producing crops, and raising livestock; farming. “Airport” means a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings. “Alley” means a public way designed and intended to provide only a secondary means of access to any property abutting thereon. “Alteration” means any change, addition, or modification in construction, location, or use classification. “Animal [b]Boarding” means any building or structure and associated premises in which animals are fed, housed, and/or exercised for commercial gain. “Apartment [h]House,” see “Dwelling, multiple-family.” “Area, [b]Building” means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of steps. “Assemblage” means a large gathering of people for an event such as a concert, fair, or circus. Page 6 of 28 New Text Underlined; [DELETED TEXT BRACKETED] “Assisted [l]Living” means a living arrangement in which people with special needs, especially seniors with disabilities, reside in a facility that provides help with everyday tasks such as bathing, dressing, and taking medication. “Automobile [s]Sales” means the use of any building or structure and associated premises for the display and sale of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and including any warranty repair work and other repair service conducted as an accessory use. “Automobile [s]Service [s]Station” means the use of any building or structure and associated premises or other space used primarily for the retail sale and dispensing of motor fuels, tires, batteries, and other small accessories; the installation and servicing of such lubricants, tires, batteries, and other small accessories; and such other services which do not customarily or usually require the services of a qualified automotive mechanic. “Automobile [w]Wrecking” means the dismantling of used motor vehicles or trailers or the storage or sale of parts from dismantled or partially dismantled, obsolete, or wrecked vehicles. “Automotive [r]Repair” means the use of any building or structure and associated premises on which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered. “Bank” means any establishment or building or structure used for a financial institution that provides financial services for its clients or members. The term “bank” includes savings and loan. “Bed and [b]Breakfast” means a residential, owner-occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one (1) meal served daily. “Boarding [h]House” means a dwelling where the principal use is a dwelling by the owner or keeper and where the owner or keeper provides lodging for three (3) or more persons who are not members of the owner’s or keeper’s family and the lodgers pay compensation to use one (1) or more rooms. The common parts of the building or structure are maintained by the owner or keeper who may also provide lodgers with some services, such as meals, laundry, and cleaning. Boarding houses are not motels or hotels and are not open to transient guests. “Building” means any structure built for the support, shelter, or enclosure of persons, animals, or property of any kind. “Building Code” means the building code and/or other building regulations applicable in the City. “Building, [e]Existing” means a building erected prior to the adoption of the ordinance codified in this chapter or one for which a legal building permit has been issued. “Building [h]Height” means the vertical distance from the “grade,” as defined herein, to the highest point of the roof. Page 7 of 28 New Text Underlined; [DELETED TEXT BRACKETED] “Building, [p]Principal or [m]Main” means a building or structure in which is conducted the principal or main use on the lot which said building is situated. “Business/[c]Consumer [s]Services” means the provision of services to others on a fee or contract basis, such as advertising and mailing; building maintenance; employment service; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services. “Cabin [r]Rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. “Cemetery” means any property used to inter the dead in buried graves or in columbarium, stacked vaults, or similar structures. “Centerline” means the line which is in the center of a public right-of-way. “Church” means a building or structure in which persons regularly assemble for worship, ceremonies, rituals, and education pertaining to a particular system of beliefs. The term “church” includes a synagogue or temple. “City” means the City of Kenai, Alaska. “Clinic” (or outpatient clinic or ambulatory care clinic) means a health care facility that is primarily devoted to the care of outpatients. Clinics can be privately operated or publicly managed and funded, and typically cover the primary health care needs of populations in local communities, in contrast to larger hospitals which offer specialized treatments and admit inpatients for overnight stays. “Collector [s]Street” means a street located and designed for the primary purpose of carrying through traffic and of connecting major areas of the City. Unless otherwise designated by the Commission, collector street shall be defined on the plan for streets and community facilities in the comprehensive development plan. “College” means an educational institution providing postsecondary (after high school) education. “Commercial [k]Kennel” has the same meaning given in KMC 3.05.010. “Commercial [r]Recreation” means a recreation facility operated as a business and open to the public for a fee. “Commission” means the Kenai Planning and Zoning Commission. “Communication [a]Antenna” has the same meaning given in KMC 14.20.255. “Communication [t]Tower” has the same meaning given in KMC 14.20.255. “Conditional [u]Use” means a use which is permitted under the terms of this chapter provided that under the specified procedures, the Commission finds that certain conditions, specified in this chapter are fulfilled. Conditional uses are listed in the Land Use Table. “Condominium” means a common interest ownership dwelling in which: Page 8 of 28 New Text Underlined; [DELETED TEXT BRACKETED] (1) Portions of the real estate are designated for separate ownership; (2) The remainder of the real estate is designated for common ownership solely by the owners of those portions; (3) The undivided interests in the common elements are vested in the unit owners. In the Land Use Table (KMC 14.22.010), “condominiums” shall be treated as two (2) or more family dwellings. For example, a four (4) unit condominium building would be treated as a four (4) family dwelling. “Coverage” means that percentage of the total lot area covered by the building area. “Crematory/[f]Funeral home” means building or structure used for preparation of the deceased for display and/or interment and may also be used for ceremonies connected with interment. Preparation may include cremation, which is the process of reducing dead bodies to basic chemical compounds in the form of gases and bone fragments. This is accomplished through burning—high temperatures, vaporization, and oxidation. “Day [c]Care [c]Center” means an establishment where child care is regularly provided for children for periods of less than twenty-four (24) hours, including the building housing the facility and adjoining areas, and where tuition, fees, or other compensation for the care of the children is charged. “Dormitory” means a building, whether public or private, associated with a school, college or university and designed, used, and arranged for private sleeping, studying, and living accommodation for students. “Dwelling” means a building or any portion thereof designed or used exclusively for residential occupancy including one-family, two-family and multiple-family dwellings, but not including any other building wherein human beings may be housed. “Dwelling, [o]One-[f]Family” means any detached building containing only one (1) dwelling unit. “Dwelling, [t]Two-[f]Family” means any building containing only two (2) dwelling units. “Dwelling, [m]Multiple-[f]Family” means any building containing three (3) or more dwelling units. “Dwelling [u]Unit” means one (1) or more rooms and a single kitchen in a dwelling designed as a unit for occupancy by not more than one (1) family for living or sleeping purposes. “Elementary [s]School” means any school usually consisting of grades pre- kindergarten through grade 6 or any combination of grades within this range. “Essential [s]Service” means the erection, construction, alteration, or maintenance by public utility companies or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, and Page 9 of 28 New Text Underlined; [DELETED TEXT BRACKETED] other similar equipment and accessories in connection therewith. This definition shall not be interpreted to include public buildings. “Family” means any number of individuals living together as a single housekeeping unit in a dwelling unit. “Farming” means a tract of land cultivated for the purpose of commercial agricultural production. “Fence, [h]Height” means the vertical distance between the ground directly under the fence and the highest point of the fence. “Floor [a]Area” means the total of each floor of a building within the surrounding outer walls but excluding vent shafts and courts. “Fraternal [o]Organization” means a group of people formally organized for a common object, purpose, or interest (usually cultural, religious or entertainment) that conducts regular meetings and has written membership requirements. “Frontage” means all the property fronting on one (1) side of a street between intersection streets. “Garage, [p]Private” means an accessory building or any portion of a main building used in connection with residential purposes for the storage of passenger motor vehicles. “Garage, [p]Public” means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other vehicles. “Gas [m]Manufacturer/[s]Storage” means the surface use of lands used in the production, the mechanical transformation, or the chemical transformation of hydrocarbon gas and includes uses for gas conditioning/compressor stations. “Storage” means surface uses necessary for storage of produced or non-native natural gas. “Governmental [b]Building” means a building or structure owned and operated by any department, commission, or agency of the United States or of a state or municipality and used to conduct official business of government. “Grade ([g]Ground [l]Level)” means the average level of the finished ground at the center of all walls to a building. In case walls are parallel to and within five (5) feet of a public sidewalk, the ground level shall be measured at the sidewalk. “Greenhouse” means a building or structure, usually a glassed or clear plastic enclosure, used for the cultivation and protection of plants. “Guest [r]Room” means any room in a hotel, dormitory, boarding, or lodging house used and maintained to provide sleeping accommodations for one (1) or more persons. “Guide [s]Service” means any activity on any premises used for collecting or returning persons from recreational trips when remuneration is provided for the service. Page 10 of 28 New Text Underlined; [DELETED TEXT BRACKETED] “Gunsmith” means a person who repairs, modifies, designs, or builds firearms. “High [s]School” means a secondary school usually consisting of grades 9 through 12 or any appropriate combination of grades within this range. “Home [o]Occupation” means an accessory carried out for remuneration by a resident in the resident’s dwelling unit. “Hospital” means an institution that provides medical, surgical, or psychiatric care and treatment for the sick or the injured. “Hotel” means a building or group of buildings containing more than five (5) guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. “Junkyard” means any space one hundred (100) square feet or more of any lot or parcel of land used for the storage, keeping, or abandonment of junk or waste material, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or any parts thereof. “Library” means a collection of sources, resources, and services, and the structure in which it is housed; it is organized for use and maintained by a public body, an institution, or a private individual. “Loading [s]Space” means an off-street space or berth on the same lot with a building or structure to be used for the temporary parking of commercial vehicles while loading or unloading merchandise or materials. “Lodge” means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals. “Lot” means a parcel of land occupied or to be occupied by a principal use and having frontage on a public street. “Lot, [c]Corner” means a lot situated at the junction of, and bordering on, two (2) intersecting streets, two (2) platted rights-of-way, two (2) government easements, or any combination thereof. “Lot [c]Coverage” means that portion of the lot covered by buildings or structures that require a building permit. “Lot [d]Depth” means the horizontal distance separating the front and rear lot lines of a lot and at right angles to its width. “Lot [l]Line, [f]Front-[c]Corner [l]Lot” means the shortest street line of a corner lot. “Lot [l]Line, [f]Front-[i]Interior [l]Lot” means a line separating the lot from the street. “Lot [l]Line, [r]Rear” means a line that is opposite and most distant from the front lot line, and in the case of irregular, triangular, or gore shaped lot, a line not less than ten feet (10′) in length, within a lot, parallel to and at the maximum distance from the front lot line. Page 11 of 28 New Text Underlined; [DELETED TEXT BRACKETED] “Lot [l]Line, [s]Side” means any lot boundary line not a front lot line or a rear lot line. “Lot [w]Width” means the mean horizontal distance separating the side lot lines of a lot and at right angles to its depth. “Manufactured [h]Housing” means a dwelling unit that meets Department of Housing and Urban Development Standards for manufactured housing and is wider than sixteen feet (16′), has a roof pitch of 4:12 or greater with roofing and siding common to standard residential construction and is transported to the site and placed on a permanent foundation. “Manufacturing/[f]Fabricating/[a]Assembly” means the mechanical or chemical transformation of materials or substances into new products including assembling of components parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors. “Mini-[s]Storage [f]Facility” means a completely enclosed structure containing three (3) or more areas or rooms available for lease or rent for the purpose of the general storage of household goods, vehicles or personal property; where the lessee of the unit is provided direct access to deposit or store items and where vehicles do not fill the majority of the allowed storage space. “Mobile [h]Home” means a structure, which is built on a permanent chassis in accordance with Department of Housing and Urban Development Standards and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities. A mobile home is subject to all regulations applying thereto, whether or not wheels, axles, hitch or other appurtenances of mobility are removed and regardless of the nature of the foundation provided. “Mobile [h]Home [p]Park” means a site with required improvements and utilities for the long-term parking of mobile homes which may include services and facilities for the residents. “Modular [h]Home” means a dwelling constructed in modules or sections at a place other than the building site, built to conform to Title 4 of the Kenai Municipal Code, is transported to the site and then assembled and placed on a permanent foundation. “Motel” means a group of one (1) or more detached or semi-detached buildings containing two (2) or more individual dwelling units and/or guest rooms designed for, or used temporarily by, automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourist courts. “Museum” means a building or structure that houses and cares for a collection of artifacts and other objects of scientific, artistic, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. “Necessary Aviation Facilities” means any air navigation facility, airport visual approach, aircraft arresting device, meteorological device or a type of device approved by the Federal Aviation Administration (FAA), the location and height of which is fixed by its functional purpose. Page 12 of 28 New Text Underlined; [DELETED TEXT BRACKETED] “Nonconforming [l]Lot” means a lot lawfully existing at the time this chapter became effective, which by reason of area or dimensions, does not meet the development requirements for the zone in which it is located. “Nonconforming [s]Structure” means a structure or portion thereof, lawfully existing at the time this chapter became effective, which by reason of its yards, coverage, height, or other aspects of design, does not meet the development requirements of this zone. “Nonconforming [u]Use” means a use of a structure of land, or of a structure and land in combination, lawfully existing at the time this chapter became effective, or established on the premises of a previous nonconforming use as specified in this chapter, which is not in conformity with the uses permitted in the zone in which it exists. “Nursing, [c]Convalescent or [r]Rest [h]Home” means a building or structure used as a residence for people who require constant nursing care and/or have significant deficiencies with activities of daily living. “Office” means a room or group of rooms used for conducting the affairs of a business, profession, service, industry, or government. “Park” means a tract of land, designated by a public entity for the enjoyment of the public and generally used for active and passive recreational activities. “Parking, [p]Public [l]Lots” means a parking area available to the public, whether or not a fee for use is charged. “Parking [s]Space, [p]Private” means any automobile parking space, excluding garages, not less than nine feet (9′) wide and one hundred eighty (180) square feet in total area. “Parking [s]Space, [p]Public” means an area of not less than one hundred eighty (180) square feet exclusive of drives or aisles giving access thereto in area accessible from streets and alleys for the storage of passenger motor vehicles operated by individual drivers. “Person” means a natural person, his or her heirs, executors, administrators, or assigns, and also including firm, partnership, or corporation, or their successors and/or assigns or the agent of any of the aforesaid. “Personal [s]Services” mean establishments engaged in providing services involving the care of a person or his or her apparel. “Planned [u]Unit [r]Residential [d]Development” means an alternative method of development of a residential neighborhood under more flexible conditions than otherwise required in a specific zoning district. “Principal [u]Use” means the major or predominant use of a lot or parcel of land. “Profession” means an occupation or calling requiring the practice of a learned art through specialized knowledge based on a degree issued by an institution of high learning, e.g., Doctor of Medicine. Page 13 of 28 New Text Underlined; [DELETED TEXT BRACKETED] “Property [o]Owner” means the owner shown on the latest tax assessment roll. “Recreation” means leisure activities sometimes requiring equipment and taking place at prescribed places, sites, parks, or fields. It can include active recreation, such as structured individual or team activities requiring the use of special facilities, courses, fields or equipment or passive recreation, such as activities that do not require prepared facilities such as wildlife and bird viewing, observing and photographing nature, picnicking, and walking. “Recreational [v]Vehicle” means a vehicular-type unit, primarily designed as temporary living quarters for recreational camping, or travel use, which either has its own motor power or is mounted on or drawn by another vehicle. Recreational vehicles include, but are not limited to, travel trailers, camping trailers, truck campers, and motor homes. “Recreational [v]Vehicle [p]Park” means an area established by a conditional use permit for the parking of two (2) or more recreational vehicles on a temporary basis. “Restaurant” means an establishment where food and drink is prepared, served, and consumed primarily within the principal building. “Retail [b]Business” means establishments engaged in selling goods or merchandise to the general public for business or personal/household consumption and rendering services incidental to the sale of such goods. “Secondary [u]Use” means a use allowed on a lot or parcel of land only if there is also an allowed principal use on the property. “Sign” means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trademarks by which anything is made known, such as are used to designate an individual, firm, association, corporation, profession, business, or a commodity or product, which are visible from any public street or highway and used to attract attention. “State [h]Highway” means a right-of-way classified by the State of Alaska as a primary or secondary highway. “Storage [y]Yard” means a lot used primarily for the storage of operational vehicles, construction equipment, construction materials or other tangible materials and equipment. “Street” means a public right-of-way used as a thoroughfare and which is designed and intended to provide the primary means of access to property abutting thereon. “Structure” means that which is built or constructed, an edifice or a building of any kind, composed of parts joined together in some definite manner. “Subsurface [e]Extraction of [n]Natural [r]Resources” means removing valuable minerals or other geological materials from the earth, from an ore body, vein or (coal) seam. Materials recovered could include gas, oil, base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock salt and potash. Page 14 of 28 New Text Underlined; [DELETED TEXT BRACKETED] “Surface [e]Extraction of [n]Natural [r]Resources” means removal of material, usually soil, gravel, or sand for use at another location. “Taxidermy” means the act of mounting or reproducing dead animals, fish, and/or birds for display. “Theater” means a building or structure, or part thereof, devoted to the indoor exhibition of motion pictures and/or of live dramatic, speaking, musical, or other presentations. “Townhouse” means single-family dwelling units constructed in a series or group of two (2) or more units separated from an adjoining unit by an approved party wall or walls, extending from the basement of either floor to the roof along the linking lot line. “Tree [n]Nursery” means a place where trees/plants are propagated and grown to usable size. “Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. “Variance” means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his or her real property. “Warehouse” means a building or structure used for the storage of goods, wares and merchandise that will be processed, sold or otherwise disposed of off of the premises. “Wholesale [b]Business” means business conducted primarily for the purpose of selling wares or merchandise in wholesale lots to retail merchants for resale. “Yard” means an open, unoccupied space, other than a court, unobstructed from the ground to the sky, except where specifically provided by this chapter, on the same lot on which a building is situated. “Yard, [f]Front” means a yard extending across the full width of the lot between the front lot line of the lot and the nearest exterior wall of the building which is the nearest to the front lot line. “Yard, [r]Rear” means a yard extending across the full width of the lot between the most rear main building and the rear lot line. “Yard, [s]Side” means a yard on each side of a main building and extending from the front lot line to the rear lot line. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. “Zoning [c]Change” means the alteration or moving of a zone boundary; the reclassification of a lot, or parcel of land, from one zone to another; and the change of any of the regulations contained in this chapter. “Zoning [o]Ordinance or [o]Ordinances” mean the zoning ordinance of the City of Kenai and Kenai Municipal Code Chapter 14. Page 15 of 28 New Text Underlined; [DELETED TEXT BRACKETED] Section 4. Amendment of Chapter 14.22 of the Kenai Municipal Code: That Kenai Municipal Code, Chapter 14.22 – Land Use Table, is hereby amended as follows: 14.22.010 LAND USE TABLE KEY:P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR-1 RS RS-1 RS-2 RU CC CG IL IH ED R TSH LC CMU RESIDENTIAL One-Family Dwelling N C18 P P P P P P P21 S1 S2 S2 C22 P P P S1/C21 Two-, Three-Family Dwelling N C18 P P P P P P P21 S1 C C C22 P P P S1/C21 Four-Family Dwelling N C18 P C3,29 P N N P P21 S1 C C C22 N P C S1/C21 Five-, Six-Family Dwelling N C18 C3 N P N N P P21 S1 C C N N P C S1/C21 Seven- or More Family Dwelling N C18 C3 N C3 N N P P21 S1 C C N N P C S1/C21 Mobile Home Parks6 N N C N C C C C C C C C N C C C C Planned Unit Residential Development7 N C18 C C29 C C C C C C C C N C C C C Townhouses4 N C18 C3 C3,29 C3 C3 C3 C3 C C C C C22 C C C C Accessory Building on Parcel Without Main Building or Use (See KMC 14.20.200) N N C C C C C C N N N N N N C N N COMMERCIAL Automotive Sales C N C N N N N C P P P P N N N N P Automotive Service Stations C N C N N N N C P P P P N C N N P Banks C N C N C N N C P P P C N C C C P Business/Consumer Services C N C N C N N C P P P C N C C C P Commercial Recreation N N C N C N N C P P C C N P C C P Guide Service N N C N C N N C P P P P N P P C P Hotels/Motels C N C N C N N C P P P C N C P C P Lodge C N C N C N N C P P P C N P P C P Professional Offices C N C C29 C N N P P P P P N C P P P Restaurants C N C N C N N C P P P C N C C C P Page 16 of 28 New Text Underlined; [DELETED TEXT BRACKETED] LAND USE TABLE KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Retail Business C N26 C N C N N C P P P P S24 S24 C C P Theaters N N C N C N N C P P C C N P C C P Wholesale Business C N C N C N N C C P P P N S24 C C N INDUSTRIAL Airports C20 [P20] C N C N N C C C C C N C N N C Necessary Aviation Facilities P Automotive Repair C N C N C N N C P P P P N N N N P Gas Manufacturer/Storage C9 N N N C N N N N N C9 C9 N N N N N Manufacturing/Fabricating/Assembly C N C N C N N C C P P P N C C N C Mini-Storage Facility C N C N C N N C C P P P N N N C C Storage Yard C N C N C N N C C P P P N N N N C Warehouses C N C N C N N C N P P P N C N N N PUBLIC/INSTITUTIONAL Assisted Living N C C C C C C C C C C C C C C C C Churches* C C P10 P10 P10 P10 P10 P10 P10 P10 C C P P10 P P P Clinics N C C N C C C C P P P C C C C P P Colleges* C C C C29 C C C C P P C C P C C C P Elementary Schools* C C C C29 C C C C P P C C P C C C P Governmental Buildings C C C C29 C C C C P P P C P C C P P High Schools* C C C C29 C C C C P P C C P C C C P Hospitals* C C C N C C C C P P P C C C C C P Page 17 of 28 New Text Underlined; [DELETED TEXT BRACKETED] Libraries*C C C C29 C C C C P P P C P C P C P Museums C C C C29 C C C C P P P C P C P C P Parks and Recreation C P C C29 C C C C P P P P P P P C P MISCELLANEOUS C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Animal Boarding/Commercial Kennel13 C C C N C C N N C C C C N C N C C Assemblies15 (Large: Circuses, Fairs, Etc.)C C C N C C C C P15 P15 P15 P15 P15 C P N P15 Bed and Breakfasts N C C C C C C C C C C C N P C C P Cabin Rentals N C C N C N N N P P P C N P P C P Cemeteries C C C N C N N N N C C C N C C N N Communications Towers & Antenna(s), Radio/TV Transmitters/ Cell Sites** 28 C P C N C C C C P P P P P C C C C Crematories/Funeral Homes N N C N C N N C C C C C N C C C C Day Care Centers12 C C C C29 C C C C P P P C C C C P P Dormitories/Boarding Houses N C C N C C C P P21 S C P P23 C C C P Essential Services P P P P P P P P P P P P P P P P P Farming/General Agriculture***N P P N N N N N N N N P N P N N N LANDUSE TABLE KEY:P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted NOTE: Reference footnotes on following pages for additional restrictions ZONING DISTRICTS LAND USES ALI C RR RR1 RS RS1 RS2 RU CC CG IL IH ED R TSH LC CMU Fraternal Organizations/Private Clubs/Social Halls and Union Halls C N C N C C C C P P P C N C P C P Greenhouses/Tree Nurseries13 N C C N C C C C P P P C N C C C P Gunsmithing, Taxidermy N N C N C C C C P P P P N C P P P Nursing, Convalescent or Rest Homes N N C N C C C C P P C C C C C C P Parking, Public Lots12 C C C N C C C C C C C C C C C C C Personal Services25 N C C N C C C C P P P P C C P P/C27 P Recreational Vehicle Parks N C C N C N N C C C C C N C C N C Page 18 of 28 New Text Underlined; [DELETED TEXT BRACKETED] Subsurface Extraction of Natural Resources16 C C C C C C C C C C C C N C N N N Surface Extraction of Natural Resources17 C C C N C N N C N C C C N C N N N * See 42 USCA Sec. 2000cc (Religious Land Use and Institutionalized Persons Act of 2000) ** See 42 Telecommunications Act of 1996, Sec. 704(a) *** See, however, the limitations imposed under KMC 3.10.070 Footnotes: 1.Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. Commercial or industrial which falls under the landscaping/site plans requirements of KMC 14.25 shall include any secondary uses in the landscaping and site plans. 2.One (1) single-family residence per parcel, which is part of the main building. 3.Allowed as a conditional use, subject to satisfying the following conditions: a.The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; b.The site square footage in area must be approved by the Commission; c.Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; d.Water and sewer facilities shall meet the requirements of all applicable health regulations; e.The proposed dwelling group will constitute a residential area of sustained desirability and stability, will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; f.The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; g.There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; h.The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; i.The property adjacent to the proposed dwelling group will not be adversely affected. 4.See “Townhouses” section. 5.See “Mobile Homes” section. Page 19 of 28 New Text Underlined; [DELETED TEXT BRACKETED] 6. Allowed as a conditional use, subject to “Mobile Homes” section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. 7. See “Planned Unit Residential Development” section. 8. Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. 9. Allowed as a conditional use, provided that all applicable safety and fire regulations are met. 10. Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. 11. Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. 12. Allowed as a conditional use, provided that the following conditions are met: a. The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; b. Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. 13. Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. Animal boarding and commercial kennels require a kennel license (see KMC Chapter 3.15). 14. Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. 15. Allowed, provided that the following conditions are met: a. An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. b. Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. 16. See “Conditional Uses” section. Page 20 of 28 New Text Underlined; [DELETED TEXT BRACKETED] 17.See “Conditional Use Permit for Surface Extraction of Natural Resources” section. 18.Conditional Use allowed only on privately held property. Not allowed on government lands. 19.Reserved. 20.The airport related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a), except that for properties contained inside the airport perimeter fence or having access to aircraft movement areas, ramps, taxiways or parking aprons, FAA authorized uses are allowed. 21.Developments for use shall be the same as those listed in the “Development Requirements Table” for the RU/TSH zones. 22.Allowed as a conditional use in conjunction with a permitted use in the ED zone. For example, housing for teachers or students for a school in the zone. 23.Allowed as an accessory use in conjunction with a permitted use in the ED zone. For example, a dormitory used to house students for a school or educational facility. 24.Retail businesses allowed as a secondary use in conjunction with the primary use (e.g., a gift shop or coffee shop within another business). 25.Art studios, barbers, beauticians, tattoo parlors, dressmakers, dry cleaners and self-service laundries, fitness centers, photographic studios, tailors, tanning salons and massage therapists. 26.Food services are allowed on a temporary or seasonal basis of not more than four (4) months per year. 27.Personal services not set forth in the below [ABOVE] matrix are conditional uses. Limited Commercial Zone Personal Services Permitted(P)Conditional Use(C) Art Studios X Barbers X Beauticians X Dressmakers X Dry Cleaners X Fitness Centers X Massage Therapist X Page 21 of 28 New Text Underlined; [DELETED TEXT BRACKETED] Photographic Studios X Self-Service Laundries X Tailors X Tanning Salons X Tattoo Parlors X 28. Communications tower/antenna(s) allowed as a principal permitted (P) use if the applicable conditions set forth in KMC 14.20.255 are met or a conditional use (C) if the applicable conditions set forth in KMC 14.20.255 and 14.20.150 are met. 29. Use allowed only for those parcels that abut the Kenai Spur Highway. The access to any such parcel must be either from: (a) driveway access on the Kenai Spur Highway; or (b) driveway access from a dedicated right-of-way and that driveway access is not more than two hundred seventy-five (275) feet as measured from the constructed centerline of the Kenai Spur Highway to the center of the driveway access as shown on an as-built drawing/survey of the parcel. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to Kenai Municipal Code Section 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2015. ______________________________________ PAT PORTER, MAYOR ATTEST: ___________________________________ Sandra Modigh, City Clerk Introduced: *, 2015 Adopted: *, 2015 Effective: *, 2015 Page 22 of 28 Pa g e 23 of 28 TH I S P A G E L E F T B L A N K I N T E N T I O N A L L Y Pa g e 24 of 28 Pa g e 25 of 28 TH I S P A G E L E F T B L A N K I N T E N T I O N A L L Y Pa g e 26 of 28 Pa g e 27 of 28 TH I S P A G E L E F T B L A N K I N T E N T I O N A L L Y Pa g e 28 of 28 MEMORANDUM: TO: Airport Commission Planning and Zoning Commission FROM: Matt Kelley, City Planner DATE: November 5, 2015 SUBJECT: Draft Ordinance to Enact Kenai Municipal Code Chapter 14.20.065 – Airport Light Industrial (ALI) and Rezoning of Airport Lands The purpose of this communication is to introduce a proposed draft Ordinance to Enact Kenai Municipal Code Chapter (KMC) 14.20.065 – Airport Light Industrial and consider Rezoning of Airport Lands. When the City of Kenai received Zoning Authority from the Borough all parcels designated as Airport Property, were zoned Conservation Zone. At the time it was intended that these parcels be reserved for Kenai Municipal Airport use pursuant to the 1963 Deed of Conveyance from the Federal Aviation Administration. Over time, the interpretation of the Conservation Zone has changed and has moved more towards preserving these parcels for open spaces, watersheds and wildlife reserves. Airports are still included in the Conservation Zone; however, it has been predominantly for aircraft approach zones. As airport lands have been leased and developed, the zoning designation of these parcels has changed to Light Industrial (IL) which allows “Airports” as a Conditional Use. Kenai Municipal Code Section 14.20.320 – Definitions, defines the Airport Use as “a location where aircraft such as fixed-wing aircraft, helicopters, and blimps take off and land. Aircraft may be stored or maintained at an airport. An airport consists of at least one (1) surface such as a runway for a plane to take off and land, a helipad, or water for takeoffs and landings, and often includes buildings such as control towers, hangars and terminal buildings.” In researching the proposed Airport Light Industrial Zone, staff looked at the Light Industrial Zone appropriate land uses contained within it. The intent of the Light Industrial Zone as outlined in KMC 14.20.130 is “designed to provide for the development of industrial and commercial uses which are usually compatible and which are of a type which has no nuisance effects upon surrounding property, or which may be controlled to prevent any nuisance effects upon surrounding property. New residential uses and other non- industrial uses, except as otherwise provided in this chapter, are not permitted in this zone as principal uses because it is intended that land classified in this zone be reserved for industrial and commercial purposes, and because the IL zone is not suited to the excluded uses.” 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 In reviewing other Airport Zoning District for similar sized Airports, staff found that they are designed to protect the viability of the airport and to encourage appropriate development and compatible land uses, consistent with aviation uses. They take into account the protection of Runway Protection Zones and help to reduce hazards to public health, safety and welfare. At the last Joint Work Session, the Airport Commission and the Planning & Zoning Commission meet to discuss the consideration of rezoning of Airport Lands within and outside the Airport Reserve. At that Work Session, both Commissions directed staff to move forward with the creation of a new “Airport Zone” and to designate appropriate Airport Properties within it. Staff therefore recommends that Kenai Municipal Code Chapter 14.20.065 – Airport Light Industrial Zone (ALI) be created to establish a Zoning District which protects the viability of the Kenai Municipal Airport. The Zoning District would encourage the continued development of the Airport with compatible aviation-related land uses and reduce hazards that may endanger the lives and property of the public and aviation users. For the Commission’s review and consideration, staff has attached the proposed draft Ordinance which would amend Chapter 14.20 – Kenai Zoning Code and enact the ALI Zone. In addition to the creation of the new Zone, the proposed Ordinance would also remove “Airport and Related Uses” from the Conservation Zone. The Ordinance further proposes that new definitions related to Airport Land Uses be added to KMC 14.20.320 – Definitions to include “Necessary Aviation Facilities”. The proposed Ordinance also would amend KMC 14.22.010 – Land Use Table and would add the ALI Zone and designate uses as Principal Permitted, Conditional Use, Secondary Use or Not Permitted. Lastly, the draft Ordinance would rezone designated parcels within and outside the Airport Reserve to Airport Light Industrial. The draft Ordinance would also designate two selected parcels outside the Airport Reserve which are Airport parcels under the new Conservation Zone. Staff would like to ask the Commission’s to review the proposed draft Ordinance and then provide any comments at the Joint Work Session. For the benefit of the Commissions, staff has highlighted the new proposed definitions in KMC 14.20.320 – Definitions and new Land Use types in KMC 14.22.010 – Land Use Table in red. Staff has also added blank spaces to the Land Use Table for the Commission’s to add new airport related land uses to the ALI Zone. Also attached for your consideration are three maps which show: Existing Zoning, Proposed Zoning and Existing & Proposed Zoning. At the Work Session, staff will have larger copies of these maps for the Commission’s review and comments. Staff will also provide a map which shows the locations of the current lease holders on the Airport. Thank you for your consideration.